MARION TOWNSHIP

           AGENDA and DRAFT MINUTES

                         AUGUST 1, 2005  

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

CALL TO THE PUBLIC:    Agenda Items Only – 3 minute limit

APPROVAL OF AGENDA: 

                                 AUGUST 1, 2005

APPROVAL OF MINUTES FOR:   

                                         JULY 11, 2005

                                  JULY 19, 2005        

OLD BUSINESS:  ZBA Case # 06-05 – Jeffrey Schiedegger

NEW BUSINESS:   

CALL TO PUBLIC:

ADJOURNMENT:

                                    DRAFT MINUTES

MEMBERS PRESENT:   John Lowe, Larry Fillinger, Dan Lowe, Dan Rossbach, and Linda Manson-Dempsey

MEMBERS ABSENT:     None

OTHERS PRESENT:      Annette McNamara , Zoning Administrator                                                                                                               

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CALL TO ORDER

John Lowe called the meeting to order at 7:40 p.m.  

APPROVAL OF AGENDA

Larry Fillinger motioned to approve the agenda as presented.  Linda Manson-Dempsey seconded. 

Motion carried 5-0.

MEMBERS PRESENT

The members of the Zoning Board of Appeals introduced themselves.

CALL TO THE PUBLIC

None.

APPROVAL OF MINUTES

July 11, 2005 :  Larry Fillinger motioned to approve the minutes as presented.  Linda Manson-Dempsey seconded.

Motion carried 5-0.

July 19, 2005 :  Linda Manson-Dempsey confirmed that the zoning administrator will contact the Radicks for a list of

dogs and establish an annual review schedule.  Larry Fillinger motioned to approve the minutes as presented. Linda

Manson-Dempsey seconded.  Motion carried 5-0.

NEW BUSINESS

ZBA Case #06-05—Jeff Schiedegger

Mr. Schiedegger said he has a 14-15 year old house on Pleasant Lake .  The septic system (tank,

lift station, and septic line) carries the waste across the road to an adjacent lot.  He would like to

build a two-car garage.  There are constraints on where he can put the garage without requiring a

five-foot variance on the west side of the property line.  John Lowe said he verified with the

Livingston County Health Department that the garage can be within five feet of the tanks.

Mr. Schiedegger said he was told the minimum was ten feet.  He is concerned about the garage

foundation being too close to the tank.  John Lowe asked about possibly saving the large oak tree. 

Mr. Schiedegger said the tree is dead. 

Call to the Public

Dave Hamann , 870 Hurley Drive :  Mr. Hamann said he’s been before the ZBA three times, and

each time the paperwork required something from the LCHD showing his well and septic systems,

as well as his neighbors.  If that were still a requirement, Mr. Schiedegger wouldn’t have to appear

today.  He’s paid for a ZBA case that he doesn’t need.  John Lowe agreed that the ZBA should

require paperwork from the LCHD. 

John Lowe closed the Call to the Public.

Motion

Dan Lowe motioned to grant a variance for ZBA Case #06-05 to build a garage with a foundation

that is within five feet of the west side of the existing tank, not to be less than five feet from the west

property line, considering the following criteria:

1. How the strict enforcement of the provisions of the township’s zoning ordinance would cause an unnecessary

hardship and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning

district.

2. The conditions and circumstances unique to the property, which are not similarly applicable to other properties

in the same zoning district. 

3. The conditions and circumstances unique to the property were not self-created.  

4. Why the requested variance would not confer special privileges that are denied other properties similarly

situated in the same zoning district. 

5. Why the requested variance would not be contrary to the spirit and intent of this zoning ordinance. 

6. The difficulties shall not be deemed solely economic. 

 The zoning administrator will verify the position of the tanks in relation to the proposed garage and the property lines.

Larry Fillinger seconded.  Roll call vote:  Dan Rossbach, Larry Fillinger, Linda Manson-Dempsey, John Lowe,

Dan Lowe—all yes.  Motion carried 5-0.

ADJOURNMENT

Linda Manson-Dempsey motioned to adjourn the meeting at 8:20 p.m.   Larry Fillinger seconded.  Motion carried 5-0.